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While DUI (Driving Under the Influence) laws have traditionally centered around alcohol impairment, the landscape of impaired driving is shifting as drugged driving becomes an increasingly pressing issue. With the growing legalization of recreational marijuana and the proliferation of prescription medications and illegal drugs, the risk of driving under the influence of drugs has escalated. In this blog, we will explore the rise of drugged driving, the legal implications of being charged with a DUI for drugs, the challenges law enforcement faces in detecting impairment, and how California law is addressing this growing concern.
Drugged driving refers to operating a vehicle while impaired by any type of drug, whether prescription, over-the-counter, or illegal substances. In California, driving under the influence of drugs is a criminal offense, just like driving under the influence of alcohol. Drug impairment can result in slower reaction times, impaired judgment, and lack of coordination, all of which make driving dangerous.
Unlike alcohol, which has a clear and easily measured blood alcohol content (BAC) level of 0.08%, determining the level of impairment due to drugs is much more complex. The effects of drugs on the body vary depending on the type of substance, the amount consumed, and an individual’s tolerance. This makes detecting drug impairment a challenging task for law enforcement officers.
The substances that can lead to drugged driving impairment fall into several categories, each with its unique effects on driving abilities:
- Prescription Medications: Many people who are prescribed medications for pain, anxiety, or other conditions may not be aware of how these drugs affect their ability to drive. Commonly abused prescription medications include opioids (e.g., oxycodone, morphine), benzodiazepines (e.g., Xanax, Valium), and muscle relaxants.
- Over-the-Counter Medications: Even certain over-the-counter drugs like antihistamines (e.g., Benadryl) can cause drowsiness, blurred vision, and lack of coordination, all of which impair driving ability.
- Marijuana: With the increasing legalization of marijuana in California, it has become one of the most common substances involved in drugged driving cases. THC, the psychoactive component of marijuana, impairs motor skills, judgment, and reaction time.
- Illegal Drugs: Substances such as cocaine, methamphetamine, ecstasy, and heroin can cause extreme impairment in motor functions and decision-making. These drugs are illegal and carry severe penalties if found in the system while driving.
- Synthetic Drugs: The use of synthetic drugs like "Spice" or "K2" (synthetic marijuana) and other designer drugs is also on the rise. These substances often have unpredictable and severe effects on the body and can cause profound impairment.
In California, operating a vehicle under the influence of drugs is treated the same as driving under the influence of alcohol. Under Vehicle Code Section 23152(e), it is illegal for anyone to drive a vehicle while under the influence of drugs. This includes prescription drugs that impair driving ability, even if they were legally obtained.
The penalties for a DUI involving drugs are similar to those for alcohol-related DUIs and can include:
- License Suspension: A conviction for drugged driving may result in a license suspension, which can range from months to years depending on the specifics of the case and any prior convictions.
- Fines: Convictions can also lead to hefty fines.
- Jail Time: Drugged driving charges, like alcohol DUIs, carry the potential for jail time, especially in cases involving repeat offenders or accidents.
- DUI Programs: Offenders may be required to complete a DUI education program, which focuses on the dangers of impaired driving.
- Probation: Some offenders may be sentenced to probation, requiring regular check-ins with a probation officer and compliance with various restrictions.
In cases where drugged driving results in an accident, the penalties can escalate, including the possibility of felony charges if someone is injured or killed as a result of the driver’s impairment.
Unlike alcohol, which can be measured through a breathalyzer test that calculates the driver’s blood alcohol concentration (BAC), detecting impairment due to drugs is not straightforward. Officers rely on several methods to detect drugged driving, each with its limitations:
- Field Sobriety Tests (FSTs): While these tests can provide an officer with some indication of impairment, they are subjective and may not accurately detect impairment caused by drugs.
- Blood Tests: A blood test is the most reliable way to detect the presence of drugs in a driver’s system. However, the blood test cannot measure the level of impairment in real-time as alcohol does, which complicates the determination of whether the driver was impaired at the time of the stop.
- Saliva and Urine Tests: While these tests are sometimes used to detect drugs in a driver’s system, they do not provide an accurate reflection of current impairment and can only indicate that drugs were used at some point prior to the test.
- Drug Recognition Experts (DREs): In California, certain law enforcement officers are trained as Drug Recognition Experts (DREs). These officers are specially trained to identify signs of drug impairment through observation and testing, but DREs are not available at every DUI stop, and their assessments can be subjective.
These challenges make it difficult for law enforcement officers to definitively prove impairment caused by drugs, which creates a complex situation for both officers and defense attorneys in drugged driving cases.
In response to the growing problem of drugged driving, California has implemented a variety of legal measures to combat this issue:
- Impaired Driving Laws: As mentioned, California law prohibits driving under the influence of drugs. This includes prescription medications that impair driving ability, even if they were legally obtained. Officers can arrest individuals for DUI if they suspect impairment due to drugs, regardless of whether alcohol is involved.
- Increased Drug Testing: California has expanded the use of blood, saliva, and urine tests to detect drugs in the system. Lawmakers have also pushed for more research into developing roadside tests that can detect impairment due to drugs more quickly and accurately.
- Public Awareness Campaigns: California has launched campaigns aimed at educating the public about the dangers of drugged driving, particularly in the context of marijuana use. The state has also sought to address misconceptions about the safety of driving while using marijuana, which can impair reaction times and motor coordination.
- The California Highway Patrol (CHP) Drug Recognition Expert Program: CHP has ramped up its efforts to train officers as Drug Recognition Experts (DREs), who specialize in identifying drug impairment. These officers undergo specialized training to recognize drug-induced impairment through a set of tests and observations.
If you are charged with DUI for drugs in California, the legal consequences can be severe, especially if you are convicted. A conviction can lead to:
- License Suspension: Even a first offense can result in a license suspension, which can be devastating for your personal and professional life.
- Increased Penalties for Repeat Offenders: If you have prior DUI offenses, the penalties can be more severe, including longer license suspensions and mandatory jail time.
- Jail Time and Fines: As with alcohol-related DUIs, a conviction for drugged driving can result in jail time, especially if you have a history of impaired driving or caused an accident.
- DUI Education Programs: California mandates DUI education programs for offenders, which can be time-consuming and costly.
Drugged driving is becoming an increasingly serious concern in California, especially with the rise of marijuana use and the widespread use of prescription medications. While alcohol-related DUIs remain a focus of law enforcement, drugged driving poses unique challenges in detection and prosecution. Drivers need to be aware of the risks and legal implications of driving under the influence of drugs, and understand the consequences of a drugged driving charge.
As the laws surrounding drugged driving continue to evolve, it’s important for individuals to stay informed about their rights and responsibilities. If you are facing drugged driving charges, consulting with an experienced DUI attorney can help you navigate the legal process and protect your rights.
